Posted on 01/31/2011 2:14:49 PM PST by jazusamo
In a challenge by 26 states, Vinson ruled that "because the individual mandate is unconstitutional and not severable, the entire Act must be declared void." Vinson did not issue an injunction to block ObamaCare.
Judge Vinson found that there was no need for an injunction, since the declaratory judgment that the entire law was invalid was sufficient. In effect, there is nothing left to enjoin, since no part of the law survived. By contrast, in the ruling in Virginia last year invalidating the mandate, the Judge severed the mandate from the rest of the law (but denied an injunction preventing the rest of the law from taking effect).
In this sense, this decision is far more sweeping than the Virginia case, and presents a greater problem for the Obama administration which arguably does not have authority to implement any aspect of Obamacare.
...I must reluctantly conclude that Congress exceeded the bounds of its authority in passing the Act with the individual mandate. That is not to say, of course, that Congress is without power to address the problems and inequities in our health care system. The health care market is more than one sixth of the national economy, and without doubt Congress has the power to reform and regulate this market. That has not been disputed in this case. The principal dispute has been about how Congress chose to exercise that power here.
Because the individual mandate is unconstitutional and not severable, the entire Act must be declared void.
"It is difficult to imagine that a nation which began, at least in part, as the result of opposition to a British mandate giving the East India Company a monopoly and imposing a nominal tax on all tea sold in America would have set out to create a government with the power to force people to buy tea in the first place. "
———which arguably does not have authority to implement any aspect of Obamacare.-——
All new hires are toast. Unemployment tops 10%
An actual reference to the (original) Tea Party.
And what is the modern tea party’s top priority? Repealing ObamaCare.
Ironic.
Thanks for linking the Thomas More Law Center, they do stellar work for conservative Christians.
I hope they are all falling all over themselves.
This ruling is great news, though, and should promptly be put before SCOTUS.
-——They would be wise to not appeal the judge’s ruling ——
Who is they?
There is no they
I’m not positive about this but believe if this ruling goes to SCOTUS as is and Kagan recuses, even if Kennedy joined the three liberals the ruling would stand.
No, the administration will not ignore the Supreme Court’s ruling on this matter, whatever it is. That simply is not going to happen.
Excuse me?
WHere did you see this? I thought VA struck is as unconstitutional and MO as well but not as far reaching as FL.
This is huge in that this ruling involves 26 other states?
It will take months before it goes before SCOTUS and the better that it does this.
Couple this with Issa’s investigation of why several unions and companies have been granted waivers..
Who is they? There is no they
The 0bama administration's justice department is who I was refering to...they should just drop the appeal and move the whole issue back into the political arena where the MSM could help them with it.
Makes for a beautiful day and I think the sun even came out down here. :)
disclaimer.......
hot buttered rum is being felt
1 part Captain’s Morgan Cocanut rum 90 proof
2 parts water
generous cloves
ginerous cinnamom
lump of real salted butter
zapped 1:30
2/3 consumed
You are very welcome.
Would it surprise you if they tried? Think about who we’re talking about. If this gang isn’t fascist, I don’t know what that word means.
That is not to say, of course, that Congress is without power to address the problems and inequities in our health care system. The health care market is more than one sixth of the national economy, and without doubt Congress has the power to reform and regulate this market.
Congress has the power to address inequities in our health care system? They are allowed to reform and regulate it because it's greater than 1/6th of the economy?? This is a loophole you can drive a Peterbilt through.
Win The Future?
Yep.
I hear you. At least we have the House now so if they have to start over it won’t be a slam dunk for the Rats.
It will be interesting.
Exactly and Kagan will have no compunction at all about twisting like a pretzel. Though it’s only a guess I believe Kennedy will side with conservatives on this.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.